Legal Question in Wills and Trusts in North Carolina
inherited money
My step-dad is coming into some inherited money from his mother's estate. He told my mother that if she came back to him, he would buy a house and they could move in together. He owe's back taxes to the state of North Carolina. Will he be able to buy a house without the state taking it for the taxes owed. For some reason he and my mother don't or haven't thought of this.
1 Answer from Attorneys
Re: inherited money
I would say that could be a concern. Generally with properties held by tenancies by the entirety (husband and wife), judgments can't attach unless the tenancy is severed (by divorce). However, IRS tax liens can and do attach according to a Supreme Court case US v. Craft. Now currently NC Department of Revenue does recognize that liens don't attach to entireties property. However, that is what everyone thought about IRS liens too before Craft.
If they are going to purchase a house, they should consult with an attorney - perhaps the attorney that they would hire to do the closing.
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